ILLINOIS POLLUTION CONTROL BOARD
    May 16, 1996
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    CLAUDE F. PERRY and MARTHA
    PERRY,
    Respondents.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 95-106
    (Enforcement - Land)
    ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board upon a one-count complaint filed April 2, 1995, by
    the Attorney General of the State of Illinois, on behalf of the Illinois Environmental Protection
    Agency and the People of the State of Illinois, against Claude F. Perry and Martha Perry
    (Respondents), owners of the property known as 2001 Collinsville Road, located near the
    Village of Fairmont, St. Clair County, Illinois. The complaint alleges that respondents have
    violated Section 55.3(d), (e), (g), and (h) of the Illinois Environmental Protection Act (Act),
    (415 ILCS 5/55.3(d), (e), (g), and (h) (1994)) by failing to reimburse the State of Illinois for
    the twenty one thousand nine hundred forty six dollars and forty one cents ($21,946.41)
    expended in removing waste tires from 2001 Collinsville Road.
    Pursuant to 415 ILCS 5/31(a)(2), the parties filed a joint motion requesting relief from
    the Act's hearing requirement on April 4,1996. The Board published a notice of the waiver on
    April 8, 1996; no objection to the granting of the waiver was received. Waiver of hearing is
    hereby granted.
    The parties filed a Stipulation and Settlement Agreement on April 4,1996. The
    Stipulation sets forth facts relating to the nature, operations, and circumstances surrounding the
    claimed violations. Respondents deny the alleged violations and agree to pay a civil penalty of
    twenty three thousand, six hundred sixty six dollars, and forty one cents ($23,666.41).
    The Board finds the settlement agreement acceptable under 35 Ill. Adm. Code 103.180.
    This settlement agreement in no way affects respondent's responsibility to comply with any
    federal, state or local regulations, including but not limited to the Act and the Board's
    pollution control regulations.
    This opinion constitutes the Board's findings of fact and conclusions of law in this
    matter.
    2
    ORDER
    1)
    The Board hereby accepts the Stipulation and Settlement Agreement executed by
    the People of the State of Illinois and Claude F. Perry and Martha Perry. The
    Stipulation and Settlement Agreement are incorporated by reference as though
    fully set forth herein.
    2)
    Respondent Martha Perry shall pay the sum of ten thousand, nine hundred
    seventy-three dollars, and twenty cents ($10,973.20) within 10 days of the date
    of this Order. Such payment shall be made by certified check or money order
    payable to the Treasurer of the State of Illinois, designated to the Used Tire
    Management Fund, and shall be sent by First Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield, IL 62794-9276
    A copy of the payment transmittal and check shall be simultaneously submitted
    to:
    Donna Lutes
    Office of the Attorney General
    Environmental Bureau
    500 South Second Street
    Springfield, Illinois 62706
    The certified check or money order shall clearly indicate on its face
    Respondent’s Federal Employer Identification Number or Social Security
    Number and that payment is directed to the Used Tire Management Fund.
    3)
    Respondent, Martha Perry shall also pay the sum of three hundred and sixty
    dollars ($360.00) within 10 days of the date of this Order. Such payment shall
    be made by certified check or money order payable to the Treasurer of the State
    of Illinois, designated to the Hazardous Waste Fund, in the same manner and to
    the same address provided in paragraph 2 above:
    The certified check or money order shall clearly indicate on its face
    Respondent’s Federal Employer Identification Number or Social Security
    Number and that payment is directed to the Hazardous Waste Fund.
    3
    4)
    Respondent, Claude F. Perry shall pay the sum of eleven thousand, nine
    hundred seventy-three dollars, and twenty-one cents ($11,973.21) within 10
    days of the date of this Order. Such payment shall be made by certified check
    or money order payable to the Treasurer of the State of Illinois, designated to
    the Used Tire Management Fund, and shall be sent by First Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield, IL 62794-9276
    A copy of the payment transmittal and check shall be simultaneously submitted
    to:
    Donna Lutes
    Office of the Attorney General
    Environmental Bureau
    500 South Second Street
    Springfield, Illinois 62706
    The certified check or money order shall clearly indicate on its face
    Respondent’s Federal Employer Identification Number or Social Security
    Number and that payment is directed to the Used Tire Management Fund.
    5)
    Respondent Claude F. Perry shall also pay the sum of three hundred and sixty
    dollars ($360.00) within 10 days of the date of this Order. Such payment shall
    be made by certified check or money order payable to the Treasurer of the State
    of Illinois, designated to the Hazardous Waste Fund, in the same manner and to
    the same address provided in paragraph 4 above:
    The certified check or money order shall clearly indicate on its face
    Respondent’s Federal Employer Identification Number or Social Security
    Number and that payment is directed to the Hazardous Waste Fund.
    Any such penalty not paid within the time prescribed shall incur interest at the
    rate set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act,
    (35 ILCS 5/1003), as now or hereafter amended, from the date payment is due
    until the date payment is received. Interest shall not accrue during the pendency
    of an appeal during which payment of the penalty has been stayed.
    6)
    Respondents shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    4
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994)) provides for
    the appeal of final Board orders within 35 days of the date of service of this order. The Rules
    of the Supreme Court of Illinois establish filing requirements. (See also 35 Ill. Adm. Code
    101.246 "Motions for Reconsideration.")
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the _______ day of _____________, 1996, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top